2018 (1) TMI 1755

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..... visions of services of development and sale of commercial space in Noida and Greater Noida . In so far as Earth Infra s dominant position is concerned, the Appellants alleged misuse of its dominant position in not paying assured return @ 12% every month in terms of MoU. The underlying principle for assessing dominance of an enterprise being linked to the market power enjoyed by it, the commission came to a definite conclusion and held that no data has been provided by both the Informants in support of their assertion that Earth Infra is dominant in the relevant market. It further held that no document has been filed in support of assertion that Earth Infra is abusing their dominance. In absence of any prima facie case of contravention, Comm .....

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..... end to pass, the delay is condoned. 3. The brief fact of the case is that both the informants booked retail shops in the commercial project of Earth Infra i.e. Earth Express One at Plot no. 1, Sector Tech Zone, Greater Noida (UP) with flexi payment plan in the year 2012 and has executed separate MoUs with Earth Infra. Subsequently, provisional allotment letters were also issued by Earth Infra in their favor which were followed by confirmation letters. According to Appellants, the Earth Infra has agreed to pay assured returns @ 12% every month to each of the informants until the possession of the unit allotted to the informants for booking of the retails shops is given. The informants having not receiving the payment towards assured returns .....

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..... are also different from those of a consumer buying a residential flat or plot. 6. As regards relevant geographic market, the commission came to a definite conclusion that the consumer looking for a commercial/office unit in 'Noida and Greater Noida', may not prefer other areas. Thus, the relevant market is the market for "Provisions of services of development and sale of commercial space in Noida and Greater Noida". 7. In so far as Earth Infra's dominant position is concerned, the Appellants alleged misuse of its dominant position in not paying assured return @ 12% every month in terms of MoU. The underlying principle for assessing dominance of an enterprise being linked to the market power enjoyed by it, the commission came to a definite .....

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